BASHAM BALOCH vs PROVINCE OF SINDH Ss — 2025 CLC 625 KARACHI-HIGH-COURT-SINDH

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BASHAM BALOCH VS PROVINCE OF SINDH Ss. 42, 54 & 56(k)---Civil Procedure Code (V of 1908), Ss. 10, 11 & O.VII, R.11---Suit for declaration and injunction---Rejecting of plaint---Res judicata, principle of---Applicability---Absence of personal interest---Plaintiffs claimed to be entitled to issuance of 99 years lease regarding suit land as they were permanent tenants---Defendants/Authorities sought rejection of plaint on the plea that multiple suits had been filed by plaintiffs against same defendants regarding same land---Plea raised by plaintiffs was that though there was no cavil to the consistency of parties, land etc. across the successive suits but each suit was actuated on a successive claim in respect of the same property---Validity---Multiple litigation under Ss. 10 and 11, C.P.C. is disapproved and O. II, R. 2, C.P.C. requires inter alia consolidation of successive claims within the same proceedings---Since the relief claimed in respect of same property was the same inter se then it would be conceivable that each suit could have different outcome---Present suit could not be permitted to be perpetuated, inter alia per O. II, R. 2, C.P.C., when same relief in respect of the same land was sought in other suits pending in the High Court---Plaint did not set forth any manifest entitlement to seek relief per Ss. 42 and 56(k) of Specific Relief Act, 1877 and non-compliance/non-conformity with said law was admitted---Unwarranted recourse to original civil jurisdiction was taken in prima facie derogation of statutorily mandated adjudication mechanism provided per Tenancy Act---Present suit pertained to same property/parties as already pending before the High Court, therefore, requirements for rejection of plaint had been satisfied---High Court in exercise of jurisdiction under O. VII R. 11, C.P.C. rejected the plaint---Application was allowed, in circumstances.

BASHAM BALOCH vs PROVINCE OF SINDH Ss — 2025 CLC 625 KARACHI-HIGH-COURT-SINDH

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